ATTORNEY NEWSLETTER
90-Year-Old Victim Was Bedridden Dementia Patient
Nurse Witnesses And Reports Sex Act
Suspect Was Certified Nursing Assistant
Statistics show that 20,000 incidents of sexual abuse, assault and rape in nursing homes have been reported to the authorities over the last two decades. As horrible as that number sounds, it probably vastly understates the problem because elder sexual abuse is most likely underreported. This can be due to the social stigma around sexual assault, or fear of retribution by the perpetrator. Also, elders and dependent adults with dementia or other mental or physical disabilities may not be able to even comprehend what is happening to them let alone tell anybody. In all events, sexual assault is a crime and, when perpetrated on a senior, an additional crime of elder abuse and grounds for civil liability for damages. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.63(e). Evans Law Firm. Inc. represents victims of sexual assault or other abuse in nursing homes, and their families, and pursues all persons responsible, including owners, administrators and managers who are responsible for hiring and supervising caregivers. Remedies in elder abuse cases include awards of attorneys’ fees and costs for bringing the lawsuit. Cal. Welf. & Inst. Code § 15657. Call us today at (415)441-8669 if any senior loved one has suffered any kind of elder abuse in Marin, San Francisco or elsewhere in California. Our toll-free number is 1-888-50EVANS (888-503-8267).
Caregiver Charged With Lewd and Lascivious Act And Sexual Assault
In a recently reported case,[1] a man was arrested for performing a sex act on a 90-year-old woman at an assisted living facility where he was assigned to care for the woman, police said. According to the arrest report, he was employed by the assisted care facility as a certified nursing assistant and was assigned to care for the 90-year-old woman at the facility. The elderly woman was in a memory care facility and was bedridden, police said. According to the police report, a nurse who was making her rounds checking on patients, allegedly saw the suspect CNA had the elderly woman’s hands on his exposed genitals. The elderly woman did not appear to have any injuries but she told a nurse that the man was standing over her and that she felt she could not breathe, investigators wrote in their report. The elderly patient also reported that Bunn had his hands on her breasts, the arrest document states.
Protecting Your Older Loved Ones From Sexual Abuse
Fortunately, a nurse spotted the sexual acts in this case and reported the incident. Also, it appears from the police report that the victim herself was able to recall and communicate what had happened. Not all victims are so fortunate. While care facility staff are mandated reporters of abuse under Cal. Welf. & Inst. Code § 15630(b)(1)(A)(ii), there is no substitute for families and loved ones checking in as often as they can on relatives in nursing homes. You know your loved one best, and you will be able to pick up on any emotional or behavioral changes that may be signs of any kind of abuse, including sexual abuse. If you suspect something is wrong do something about it right away. Alert the home’s administrator and the authorities, but also call qualified elder counsel. Counsel can pursue all persons responsible for any sort of abuse, and those who hired and supervise the abusers, including administrators and owners.
Contact Us
Ingrid M. Evans represents victims of elder abuse, and their families and heirs, in Marin, San Francisco or elsewhere in California. If you need help, call us today at 415-441-8669 or toll free at 1-888-50EVANS (888-503-8267).or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>.
[1] Evans Law Firm, Inc. was not involved in the case in any way.
